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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of and consent to an abortion for a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 33, Family Code, is |
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amended to read as follows: |
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CHAPTER 33. NOTICE OF AND CONSENT TO ABORTION |
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SECTION 2. Section 33.002(h), Family Code, is amended to |
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read as follows: |
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(h) A physician shall presume that a pregnant woman is a |
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minor unless the woman presents a valid government record of |
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identification showing that she has reached the age of majority. It |
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is a defense to prosecution under this section that the minor |
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falsely represented her age or identity to the physician to be at |
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least 18 years of age by displaying an apparently valid |
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governmental record of identification such that a reasonable person |
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under similar circumstances would have relied on the |
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representation. The defense does not apply if the physician is |
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shown to have had independent knowledge of the minor's actual age or |
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identity or failed to use due diligence in determining the minor's |
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age or identity. In this subsection, "defense" has the meaning and |
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application assigned by Section 2.03, Penal Code. |
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SECTION 3. Chapter 33, Family Code, is amended by adding |
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Section 33.0021 to read as follows: |
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Sec. 33.0021. CONSENT REQUIRED. A physician may not |
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perform an abortion in violation of Section 164.052(a)(19), |
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Occupations Code. |
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SECTION 4. Section 33.003, Family Code, is amended by |
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amending Subsections (a), (b), (c), (e), (g), (h), (i), (j), and (k) |
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and adding Subsections (g-1), (i-1), (i-2), (i-3), (l-1), and (l-2) |
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to read as follows: |
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(a) A pregnant minor who wishes to have an abortion without |
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notification to and consent [one] of a parent [her parents], [her] |
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managing conservator, or [her] guardian may file an application for |
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a court order authorizing the minor to consent to the performance of |
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an abortion without notification to and consent of a parent, |
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[either of her parents or a] managing conservator, or guardian. |
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(b) The application may be filed in any county court at law, |
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court having probate jurisdiction, or district court, including a |
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family district court, in the minor's county of residence or in a |
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neighboring county if the minor's county of residence has a |
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population of less than 10,000 or in the county in which the |
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facility at which the minor intends to obtain an abortion is located |
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[this state]. |
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(c) The application must be made under oath and include: |
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(1) a statement that the minor is pregnant; |
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(2) a statement that the minor is unmarried, is under |
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18 years of age, and has not had her disabilities removed under |
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Chapter 31; |
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(3) a statement that the minor wishes to have an |
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abortion without the notification to or consent of a parent, |
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[either of her parents or a] managing conservator, or guardian; and |
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(4) a statement as to whether the minor has retained an |
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attorney and, if she has retained an attorney, the name, address, |
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and telephone number of her attorney. |
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(e) The court shall appoint a guardian ad litem for the |
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minor who shall represent the best interest of the minor. If the |
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minor has not retained an attorney, the court shall appoint an |
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attorney to represent the minor. The [If the] guardian ad litem may |
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not also [is an attorney admitted to the practice of law in this
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state, the court may appoint the guardian ad litem to] serve as the |
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minor's attorney. |
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(g) The court shall fix a time for a hearing on an |
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application filed under Subsection (a) and shall keep a record of |
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all testimony and other oral proceedings in the action. [The court
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shall enter judgment on the application immediately after the
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hearing is concluded.] |
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(g-1) The pregnant minor must appear before the court in |
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person and may not appear using videoconferencing, telephone |
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conferencing, or other remote electronic means. |
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(h) The court shall rule on an application submitted under |
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this section and shall issue written findings of fact and |
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conclusions of law not later than 5 p.m. on the fifth [second] |
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business day after the date the application is filed with the court. |
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On request by the minor, the court shall grant an extension of the |
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period specified by this subsection. If a request for an extension |
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is made, the court shall rule on an application and shall issue |
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written findings of fact and conclusions of law not later than 5 |
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p.m. on the fifth [second] business day after the date the minor |
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states she is ready to proceed to hearing. If the court fails to |
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rule on the application and issue written findings of fact and |
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conclusions of law within the period specified by this subsection, |
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the application is deemed to be granted, and the court clerk shall |
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issue to the physician a certificate showing that the court failed |
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to rule on the application. On receipt of the certificate, the |
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physician may perform the abortion as if the court had issued an |
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order authorizing the minor to consent to the performance of the |
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abortion without the notification under Section 33.002 and consent |
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under Section 33.0021. Proceedings under this section shall be |
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given precedence over other pending matters to the extent necessary |
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to assure that the court reaches a decision promptly, regardless of |
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whether the minor is granted an extension under this subsection. |
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(i) The court shall determine by clear and convincing [a
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preponderance of the] evidence, as described by Section 101.007, |
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whether the minor has overcome the presumption that notifying and |
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requesting consent from a parent, managing conservator, or guardian |
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is in the minor's best interest. In making a determination under |
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this subsection, the court shall consider: |
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(1) whether the minor is mature and sufficiently well |
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informed to make the decision to have an abortion performed without |
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notification to or consent of a parent, [either of her parents or a] |
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managing conservator, or guardian; |
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(2) [,] whether the abortion [notification] would |
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[not] be in the best interest of the minor; and |
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(3) [, or] whether notification or the attempt to |
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obtain consent may lead to physical, sexual, or emotional abuse of |
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the minor, as described by Section 261.001. |
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(i-1) In determining whether the minor meets the |
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requirements of Subsection (i)(1), the court shall consider the |
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experience, perspective, and judgment of the minor. The court may |
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consider all relevant factors, including: |
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(1) the minor's age; |
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(2) the minor's life experiences, such as working, |
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traveling independently, or managing her own financial affairs; |
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(3) steps taken by the minor to explore her options and |
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the consequences of those options; and |
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(4) the minor's decision not to notify and obtain |
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consent from a parent, managing conservator, or guardian. |
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(i-2) In determining whether the abortion is in the best |
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interest of the minor, the court may: |
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(1) inquire as to the minor's reasons for seeking an |
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abortion; |
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(2) consider the degree to which the minor is informed |
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about the state-published informational materials described by |
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Chapter 171, Health and Safety Code; and |
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(3) require the minor to be evaluated by a licensed |
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mental health counselor, who shall return the evaluation to the |
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court for review within three business days. |
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(i-3) If the court finds that the minor is mature and |
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sufficiently well informed, that the abortion [notification] would |
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[not] be in the minor's best interest, or that notification or the |
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attempt to obtain consent may lead to physical, sexual, or |
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emotional abuse of the minor, the court shall enter an order |
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authorizing the minor to consent to the performance of the abortion |
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without notification to and consent of a parent, [either of her
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parents or a] managing conservator, or guardian and shall execute |
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the required forms. |
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(j) If the court finds that the minor does not meet the |
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requirements of Subsection (i-3) [(i)], the court may not authorize |
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the minor to consent to an abortion without the notification |
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[authorized] under Section 33.002(a)(1) and consent under Section |
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33.0021. |
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(k) The court may not notify a parent, managing conservator, |
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or guardian that the minor is pregnant or that the minor wants to |
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have an abortion. The court proceedings shall be conducted in a |
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manner that protects the anonymity of the minor. The application |
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and all other court documents pertaining to the proceedings are |
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confidential and privileged and are not subject to disclosure under |
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Chapter 552, Government Code, or to discovery, subpoena, or other |
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legal process. The minor may file the application using a pseudonym |
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or using only her initials. Confidential records pertaining to a |
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minor under this subsection may be disclosed to the minor. |
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(l-1) The clerk of the court, at intervals prescribed by the |
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Office of Court Administration of the Texas Judicial System, shall |
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submit a report to the office that includes, for each case filed |
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under this section: |
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(1) the case number and style; |
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(2) the applicant's county of residence; |
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(3) the court in which the proceeding occurred; |
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(4) the date of filing; |
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(5) the date of disposition; and |
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(6) the disposition of the case. |
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(l-2) The Office of Court Administration of the Texas |
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Judicial System shall annually compile and publish a report |
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aggregating the data received under Subsections (l-1)(2), (3), and |
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(6). A report under this subsection must protect the anonymity of |
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all minors that are the subject of the report. |
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SECTION 5. Section 33.004, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (c-1) to read as |
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follows: |
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(b) The court of appeals shall rule on an appeal under this |
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section not later than 5 p.m. on the fifth [second] business day |
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after the date the notice of appeal is filed with the court that |
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denied the application. On request by the minor, the court shall |
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grant an extension of the period specified by this subsection. If a |
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request for an extension is made, the court shall rule on the appeal |
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not later than 5 p.m. on the fifth [second] business day after the |
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date the minor states she is ready to proceed. If the court of |
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appeals fails to rule on the appeal within the period specified by |
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this subsection, the appeal is deemed to be granted and the court |
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clerk shall issue to the physician a certificate showing that the |
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court failed to rule on the application. On receipt of the |
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certificate, the physician may perform the abortion as if the court |
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had issued an order authorizing the minor to consent to the |
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performance of the abortion without the notification under Section |
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33.002 and consent under Section 33.0021. Proceedings under this |
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section shall be given precedence over other pending matters to the |
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extent necessary to assure that the court reaches a decision |
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promptly, regardless of whether the minor is granted an extension |
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under this subsection. |
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(c-1) Notwithstanding Subsection (c), the court of appeals |
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may publish an opinion relating to a ruling under this section if |
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the opinion is written in a way to preserve the confidentiality of |
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the identity of the pregnant minor. |
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SECTION 6. Chapter 33, Family Code, is amended by adding |
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Section 33.0065 to read as follows: |
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Sec. 33.0065. RECORDS. The clerk of the court shall retain |
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the records for each case before the court under this chapter in |
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accordance with rules for civil cases and grant access to the |
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records to the minor who is the subject of the proceeding. |
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SECTION 7. Section 33.007, Family Code, is amended to read |
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as follows: |
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Sec. 33.007. COSTS NOT PAID BY STATE. [(a)] A court acting |
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under Section 33.003 or 33.004 may not require [issue an order
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requiring] the state to pay any costs associated with the |
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proceeding under this chapter, including: |
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(1) the cost of any attorney ad litem and any guardian |
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ad litem appointed for the minor; |
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(2) [notwithstanding Sections 33.003(n) and
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33.004(e),] the costs of court associated with the application or |
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appeal; or [and] |
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(3) any court reporter's fees incurred. |
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[(b)
An order issued under Subsection (a) must be directed
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to the comptroller, who shall pay the amount ordered from funds
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appropriated to the Texas Department of Health.] |
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SECTION 8. Section 33.008, Family Code, is amended to read |
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as follows: |
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Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; |
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INVESTIGATION [AND ASSISTANCE]. (a) A physician who has reason to |
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believe that a minor has been or may be physically or sexually |
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abused [by a person responsible for the minor's care, custody, or
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welfare, as that term is defined by Section 261.001,] shall |
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immediately report the suspected abuse to the Department of Family |
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and Protective Services and shall refer the minor to the department |
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for services or intervention that may be in the best interest of the |
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minor. A minor's claim that she is being physically or sexually |
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abused constitutes a reason to believe that abuse has occurred. |
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(b) A report made to the [The] Department of Family and |
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Protective Services under Subsection (a) shall be investigated as |
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provided by Chapter 261 [investigate suspected abuse reported under
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this section and, if appropriate, shall assist the minor in making
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an application with a court under Section 33.003]. |
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SECTION 9. (a) Sections 33.003 and 33.004, Family Code, as |
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amended by this Act, apply only to a petition filed on or after the |
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effective date of this Act. A petition filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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petition was filed, and the former law is continued in effect for |
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that purpose. |
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(b) The Office of Court Administration of the Texas Judicial |
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System is not required to publish the initial report under Section |
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33.003(l-2), Family Code, as added by this Act, before January 1, |
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2015. |
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SECTION 10. Every provision in this Act and every |
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application of the provisions in this Act are severable from each |
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other. If any application of any provision in this Act to any |
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person or group of persons or circumstances is found by a court to |
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be invalid, the remainder of this Act and the application of the |
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Act's provisions to all other persons and circumstances may not be |
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affected. All constitutionally valid applications of this Act |
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shall be severed from any applications that a court finds to be |
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invalid, leaving the valid applications in force, because it is the |
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legislature's intent and priority that the valid applications be |
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allowed to stand alone. Even if a reviewing court finds a provision |
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of this Act invalid in a large or substantial fraction of relevant |
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cases, the remaining valid applications shall be severed and |
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allowed to remain in force. |
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SECTION 11. This Act takes effect January 1, 2014. |